Rev. Prof. Paul Emeka V. Rev. Dr. Chidi Okoroafor & Ors (2017)

LAWGLOBAL HUB Lead Judgment Report

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.

The appellant herein, by a motion on notice filed on 15/4/2014, applied to the High Court of Enugu State, Enugu Judicial Division, holden at Enugu, for the enforcement of his fundamental rights. The application was brought pursuant to Order 2 Rules 1, 2 and 3 of the Fundamental Rights (Enforcement Procedure) Rules, 2009; Sections 6(6), 36(1), (2), (4) & (5), 38(1), 39(1) & (2) and 42(1) of the 1999 Constitution of the Federal Republic of Nigeria and under the African Charter on Human and Peoples Rights. The application was supported by a statement setting out the names, address and description of the applicant, the reliefs sought and the grounds for seeking the reliefs. It was also supported by an 85-paragraph affidavit of facts with several exhibits attached thereto and a written address. The reliefs sought, as contained at pages 29-32 of the record, are as follows:

1. A DECLARATION that the meeting held by the respondents on 6th march, 2014, purportedly as a meeting of the General Committee of the Assemblies of God, Nigeria, at the National

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Secretariat of Assemblies of God, to determine allegations made against the applicant was illegal and unconstitutional, the same not having been properly convened and constituted in accordance with the provisions of the Constitution and Bye-Laws of the Assemblies of God, Nigeria, 2002 and in contravention of the rights of the applicant to peaceful exercise of the duties of his office as General Superintendent of the Assemblies of God, Nigeria enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended)

2. A DECLARATION that the proceedings and decisions of the said purported meeting of the General Committee of the Assemblies of God, Nigeria culminating in a purported dismissal and suspension of the applicant is null and void, the proceeding having been conducted and the decisions having been reached in contravention of the Rules of Natural Justice and the applicants right under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)
3. A DECLARATION that the applicants alleged dismissal from ministry and suspension as a member of the Assemblies of God, Nigeria is in contravention of the

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applicants right to fair hearing as secured under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)

4. A DECLARATION that the chairing of the purported General Committee meeting of 6th March, 2014 by the 4th respondent and the participation of 11 members of the Executive Committee of the Assemblies of God, Nigeria and 9th to 19th respondents, who are members of the body of Ambassadors of the kingdom, who had made the allegations against the applicant amounts to being a judge in their own cause and was in contravention of the applicants right to fair hearing secured under Section 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
5. A DECLARATION that the letter dated 6th March, 2014 signed by the 1st, 2nd and 3rd respondents prohibiting the free association by the applicant with All Units, All Ministers, All Presbyters, All General Council Directors/Coordinators and All members in general of the Assemblies of God, Nigeria is in breach of the applicants fundamental rights enshrined and secured under Section 40 and 42 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
6. A DECLARATION that the purported

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suspension of the applicant as a member of the Assemblies of God, Nigeria with the threatened implication of ex-communicating him from the Church is a contravention of the applicants right to freedom of religion and worship in community with others and right to freedom of association secured under Section 38(1) and 40 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).

7. A DECLARATION that the purported dismissal and suspension of the applicant allegedly for the reason, inter alia, that the applicant sued the respondents to Court is in contravention of the applicants right of access to Court and fair hearing as enshrined in Section 6(6) and 36 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
8. A DECLARATION that the decision to dismiss and suspend the applicant was ultra vires the body which met on 6th March, 2014 purportedly as the General Committee of the Assemblies of God, Nigeria, the same not being constituted of legitimate members of the General Committee and thus contravenes the applicants rights under Section 6(6) of the 1999 Constitution of the Federal Republic of Nigeria

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(as amended).

9. A DECLARATION that the Body of Ambassadors of the kingdom and the Consultative Assembly are not persons authorized or organs cognizable under the extant 2002 Constitution and Bye-laws of the Assemblies of God, Nigeria and have no functions thereunder, no powers to try, investigate or discipline the applicant for any alleged misconduct and especially for any alleged criminal offences and their conducts therefore contravenes the applicants rights enshrined under Section 36(4) and (5) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)
10. AN ORDER OF INJUNCTION restraining the 5th, 6th and 7th respondents and other members of the 9-man Panel of Investigation set up to investigate allegations against the applicant, their privies, agents, cohorts, servants and any other person(s) whomsoever from taking any steps, actions or doing anything whatsoever purportedly for the purposes of trying, questioning or investigating the applicant for any matters relating to allegations made against him by the respondents or by any other person(s) whomsoever or in respect of any

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other matters whatsoever relating to his actions or omissions as a member, Minister and or General Superintendent of the Assemblies of God, Nigeria.

11. AN ORDER OF INJUNCTION restraining the 2nd, 3rd and 8th respondents and other members of the eleven-man Constitution Review Committee purportedly set up at a supposed Emergency meeting of the Executive Committee of the General Council of the Assemblies of God, Nigeria on 18/3/2014 from doing any act or taking any steps whatsoever for the purposes of revising, altering, re-drafting, amending, repealing, reviewing or in any manner whatsoever dealing with the extant 2002 Constitution and Bye-laws of Assemblies of God Nigeria, or bringing into existence or operation any other Rules or Regulations for purposes of managing, organizing, administering and running of the affairs of the Assemblies of God, Nigeria.
12. AN ORDER declaring null and void any document in nature of a Constitution, Bye-laws, Rules, Regulations or any directives howsoever called or described intended to have any effect in the organization, administration, management and running of the affairs of the Assemblies of God, Nigeria other

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than the 2002 Constitution and Bye-laws of Assemblies of God, Nigeria.